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Decision Number
242
Book
21
Month
March
Year
2003
In RE
Austin Deck
Appellant
William & Janette Deck
Appellee
Sioux City Community School District
Full Text
Summary

Appellants and their son have resided in Sioux City District at all times pertinent to this appeal. Appellants want their son to attend North High School but were denied on August 5, 2002. Austin is a gifted student and participates in extracurricular activities. The District offered to make courses in any area they did not offer available to Austin at the local community college. The District's denial cited the racial imbalance within the two high school as the reason for denial.

Appellants contend that state and federal laws and policies mitigate in favor of their position. The Federal No Child Left Behind Act addresses school choice, but does so in the context of an attendance center that has been identified as a "school in need of improvement." 26 attendance centers in Iowa have been so designated. West High School was not among those. Therefore, Appellants cannot rely upon the NCLB to support their request.

The statute clearly gives discretion to the local board to assign attendance centers for its students. By local policy, a parent may request a transfer, but that determination will not be reversed unless the decision is unreasonable and contrary to the best interest of education.

That the decision of the Board of Directors of the Sioux City Community School District made on August 5, 2002 was affirmed.